Taylor v. Steadman
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Western District; Bene H. Coleman, Judge; 1. Instruction No. i, asked by defendant, should have been given. 66 Ark. '¿ t l; 36 Id. 463; 95 Id. 345-349. 2. Instruction 3 should have been given also, and instruction No. 2 given for defendant was error. The instructions are conflicting and contradictory.
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Appeal from Lawrence Circuit Court, Western District; Bene H. Coleman, Judge; 1. Instruction No. i, asked by defendant, should have been given. 66 Ark. '¿ t l; 36 Id. 463; 95 Id. 345-349. 2. Instruction 3 should have been given also, and instruction No. 2 given for defendant was error. The instructions are conflicting and contradictory. Appellant did no more than he had a right to do under the law when he erected the dams and placed his fences on his own land for the purpose only of combatting the common enemy of the surface water accumulated from the excessive rains. The court correctly…
1Opinion of the CourtMcCulloch, C. J.
Appellant and appellees are respectively the owners of farm lands in Lawrence County, situated on opposite sides of Machine Creek, a natural watercourse with well defined banks carrying a considerable volume of water, varying, from time to time, according to the amount of rainfall.
It is alleged and proved in this case that appellant, at different times, built three separate dams on his side of the creek which materially obstructed the flow of water in the creek and caused the water to wear away an embankment on appellee’s side of the creek; and that the water was thus diverted and caused to…
2Cases cited6 opinions
- McCoy v. Board of DirectorsSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. MagnessSupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Taylor v. RudySupreme Court of Arkansas · 1911
- Boone v. WilsonSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1930
- Hogge v. Drainage District No. 7Supreme Court of Arkansas · 1930
- Stout Lumber Company v. ReynoldsSupreme Court of Arkansas · 1928
- Malvern Gravel Company v. McMillanSupreme Court of Arkansas · 1940